Definition: What is an instance in the legal sense?
The term instance is derived from the Latin word "instantia" and generally refers to an organizational unit that is part of a hierarchical instruction structure. It has authority to issue instructions to subordinate bodies, which may also be characterised by an instance character. As a result, an instance can review the decision of a subordinate entity and amend it in whole or in part.
In German law, an instance constitutes a stage of proceedings before a particular jurisdiction. In other words, this is the competent court under the law according to the court structure of the Federal Republic. Germany has a modern legal system. This allows every citizen to assert his right in a multi-stage procedure, which experts call instances or appeals. In order to gain access to the jurisdiction of a specific branch of the court, citizens must contest legal recourse. What does "In first instance" mean?
The first instance is the court that handles a case first. In Germany, there are two areas of jurisdiction to which jurisdiction is divided. The ordinary courts handle civil and criminal law cases. In most cases, the district court acts as the first instance, for example in family and child matters. If civil law involves a value in dispute of more than 5,000 euros, the regional court is initially competent. This also applies to criminal law if the matter to be dealt with is highly likely to result in at least a five-year prison sentence.
In addition to ordinary jurisdiction, there is also the specialised jurisdiction, which is composed of various departments. The following list shows which courts assume responsibility in the first instance, depending on the specialist area:
- Administrative jurisdiction: Administrative court
- Fiscal Jurisdiction: Tax Court
- Labour jurisdiction: Labour court
- Social jurisdiction: Social court
If a judge gives a judgment at first instance, the plaintiff or accused person usually has the opportunity to appeal against the decision. For this purpose, the complaint, the revision and the appeal are at her disposal. If the plaintiff or defendant makes use of this option, the next higher instance is responsible for the case. The exception is a jump revision that omittes a layer. How many instances are there in Germany?
Even though the court structure in this country is divided into four levels, there are only three instances that deal with a case. After the first instance, the proceedings first go to the appellate instance. This may be followed by the appeal body. Depending on the facts, different courts have jurisdiction. What is the highest judicial instance in Germany?
The highest legal instances in Germany are the five highest federal courts. They represent the last stage of the instance train. As a result, there are usually no appeals in the event of a supreme court ruling. Which courts the legislature has established can be read in Paragraph 91, Paragraph 1 of the Basic Law:
- Federal Court of Justice (BGH) in Karlsruhe
- Federal Administrative Court (BVerwG) in Leipzig
- Federal Finance Court (BFH) in Munich
- Federal Labour Court (BAG) Erfurt
- Federal Social Court (BSG) in Kassel
The state constitutional courts and the Federal Constitutional Court, on the other hand, are outside the instances. A constitutional complaint is in any case an extraordinary remedy. It enables a citizen to enforce his freedoms guaranteed by the Basic Law. The instances and jurisdictions in Germany: An overview
The instances existing in the Federal Republic differ between the two areas of jurisdiction. The following list illustrates the structure of the instance train in the ordinary jurisdiction:
- 1st instance: Amtsgericht (AG)
- 2nd instance: Regional Court (LG)
- 3rd instance: Higher Regional Court (OLG)
- 4th instance: Federal Court of Justice (BGH)
Within the specialised courts, there are four different individual areas, which, with one exception, consist of three instances.
Labour courts
- 1st instance: Labour Court (ArbG)
- 2nd instance: Landesarbeitsgericht (LAG)
- 3rd instance: Federal Labour Court (BAG)
Administrative jurisdiction:
- 1st instance: Administrative Court
- 2nd instance: Higher Administrative Court (appellate instance)
- 3rd instance: Federal Administrative Court (appeal instance)
Social jurisdiction:
- 1st instance: Social Court (SG)
- 2nd instance: Landessozialgericht (LSG)
- 3rd instance: Federal Social Court (BSG)
Fiscal jurisdiction:
- 1st instance: Finanzgericht (FG)
- 2nd instance: Bundesfinanzhof (BFH)
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